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No Charges Filed in Albany/Berkeley DUI Case

Posted by Seth Chazin | Nov 01, 2013 | 0 Comments

We are pleased to report that we have prevailed once again in a client's DUI case by not only ensuring that no charges were filed in court against her but also by prevailing in her Administrative Per Se DMV hearing in Oakland. The client was arrested by the Albany police department for a DUI in August when she was stopped for speeding on a local Street in Albany. Despite the fact that the officer claimed to have observed the standard symptoms of bloodshot and watery eyes, a strong odor of alcohol about her person and that the client failed the field sobriety tests, we prevailed in the client's DUI case by subpoenaing the police agency's maintenance and calibration records for the machine that was used to test our client and by employing the testimony of our top notch expert, Forensic Toxicologist Kenneth Mark. Mr. Mark testified that the Alameda County Sheriffs Department records indicated that the machine used to measure our client's blood alcohol content (BAC) was consistently reading high for the period of one month before, during and one month after the date that our client's blood alcohol content was measured. The Department of Motor Vehicles hearing officer conceded that there was no defense to our argument that the Department of Motor Vehicle's did not meet their burden of proving by a preponderance of the evidence that our client was driving with a .08 blood alcohol content or higher at the time she was observed driving.  Thus, the proposed suspension was set aside.  Similarly  the Alameda County District Attorney agreed not to file charges based upon a lack of evidence.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 30 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.


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“The death penalty is a lie, a misguided mistake born of anger and frustration. Capital punishment has become a perverse monument to inequality, to how some lives matter and others do not. It is a violent example of how we protect and value the rich and abandon and devalue the poor. The death penalty is a grim, disturbing shadow formed by the legacy of racial apartheid and bias against the poor that condemns the disfavored among us, but corrupts us all. It’s the perverse symbol elected officials use to strengthen their ‘tough on crime’ reputations and distract us from confronting the causes of violence. It is finally the enemy of grace, redemption and all of us who recognize that each person is more than their worse act.”
- Bryan Stevenson